The Application to Initiate Bargaining for a Proposed Fair Pay Agreement within the Hospitality Industry has been approved, and if you are an employer, you have some responsibilities during the bargaining process.
It is important that you are aware that you will have responsibilities in accordance with the law throughout the course of the Fair Pay Agreement process. You must work in good faith with your employees throughout the bargaining process and when the Fair Pay Agreement is in force. As with all interactions with employees, you must communicate and work together with them in good faith.
The steps that you will legally need to comply with are to:
Step 1: Provide information to unions your employees are members of
Step 2: Provide information about the Fair Pay Agreement to your employees
Step 3: Prepare and provide an electronic record of employee contact details to the union - deadline 13th of September.
Step 4: Allow employees to attend two two-hour Fair Pay Agreement meetings.
Step 5: Allow a representative of an employee bargaining party access to your workplace
Step 6: Give your employees an opportunity to opt out of sharing their details during the ratification process.
Q1: Why is staying informed crucial in a rapidly changing legal landscape?
Staying informed is essential in a rapidly changing legal landscape to ensure that you're aware of the latest developments, regulations, and requirements that affect your industry. This knowledge helps you make informed decisions, remain compliant, and adapt your business strategies accordingly.
Q2: What's a recommended approach to stay updated with legal changes?
Joining a reputable association that actively monitors changes and effectively communicates them to its members is one of the best ways to stay updated. Associations like the Restaurant Association prioritise keeping members informed with accurate and timely information.
Q3: How does the Restaurant Association prioritise keeping its members updated?
The Restaurant Association prioritises keeping its members up-to-date by dispelling myths and addressing misconceptions that circulate within the industry. We provide accurate information regarding recent changes and emphasise the importance of association membership.
Q4: Could you clarify some of the myths that have been circulating recently?
Certainly. There are several myths that the Restaurant Association aims to address:
Myth 1: The Union's Approval Status
Myth: Some doubt the legitimacy of the Fair Pay Agreements and the initiating union.
Fact: The Ministry of Business Innovation and Employment (MBIE) has approved Unite's application for a Fair Pay Agreement for the Hospitality industry. This approval is based on meeting certain employee and representation tests.
Myth 2: The Obligation to Follow New Laws
Myth: There's a misconception that businesses can choose to disregard laws they disagree with.
Fact: Once a law goes through due process and receives royal assent, it becomes a legal obligation. Disregarding such laws can lead to severe consequences, including fines or business closure.
Myth 3: Opposition Through Non-Compliance
Myth: Some believe that non-compliance is an effective way to express disagreement with new regulations.
Fact: Non-compliance doesn't change laws and can harm the industry's reputation. Effective opposition involves democratic means, such as voting and engaging with local MPs.
Q5: How does membership in the Restaurant Association add value to staying informed?
Becoming a member of the Restaurant Association allows you to stay informed about changes and understand your legal obligations as they evolve. Membership provides access to a platform where challenges, such as those related to Fair Pay Agreements, can be discussed.
Q6: How does the Restaurant Association support its members in addressing challenges?
The Association represents its members' concerns in meetings with Ministers, MPs, and through its communications. We provide a channel for raising challenges, discussing solutions, and ensuring that members are prepared for changes in the legal framework.
Q7: What's the overarching message for those in the industry facing legal changes?
The Restaurant Association emphasises that staying informed and understanding legal obligations is essential. Joining the association provides a collaborative and supportive environment to navigate these changes effectively. Together, members can be prepared for what lies ahead in the evolving legal landscape.
Q8: What is the Fair Pay Agreement Advisory Group established by the Restaurant Association?
The Restaurant Association has established the Fair Pay Agreement Advisory Group to facilitate collaboration and open dialogue within the restaurant industry. This group aims to guide the bargaining process with unions and work towards a mutually beneficial outcome.
Q9: How will the Advisory Group contribute to the bargaining process?
The Advisory Group will play a crucial role in guiding the bargaining process by sharing insights, discussing various approaches, and finding common ground among hospitality employers. The aim is to foster unity and create a strong voice within the industry.
Q10: Who is participating in the Advisory Group?
The Advisory Group is composed of a diverse range of members of the hospitality industry who bring a wealth of experience and expertise to the table. Their insights and contributions will be instrumental in shaping fair pay practices that benefit both employees and employers. A full list of members can be found on the Restaurant Association website.
Q11: How will the Advisory Group's discussions be utilised in the bargaining process?
The discussions and insights generated within the Advisory Group will be used to inform and guide the bargaining process with unions. The viewpoints shared by the group members will contribute to creating a well-rounded approach to negotiations.
Q12: How can businesses access support and stay updated through the Restaurant Association?
To access support, stay updated, and access templates, individuals can visit www.restaurantnz.co.nz to learn more about membership and the resources offered by the association. This platform serves as a valuable resource for those seeking guidance in navigating the evolving legal landscape.
